Sec. 12. Recalcitrant Countries. The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate. The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

The Washington Times reported yesterday that the Trump administration has now triggered visa sanctions against four countries that have refused to take back citizens the U.S. is trying to deport. The State Department confirmed the move according to the reporter but declined to name the specific countries. The Washington Times citing “sources who tracked the deliberations in recent weeks” said that the four countries are Cambodia, Eritrea, Guinea and Sierra Leone.

via travel.state.gov

Per 9 FAM. only one country, The Gambia, is currently subject to discontinuation of visa issuance under INA 243(d). With these additional four countries, this could be the start of utilizing visa sanctions to force countries to accept their deported nationals. There are potentially 85 countries that could be subject to a visa sanction based on their refusal or lack or cooperation in accepting their own nationals deported from the United States.

According to DHS, as of May 2, 2016, ICE has found that there were 23 countries considered recalcitrant, including:Afghanistan, Algeria, the People’s Republic of China, Cuba, Iran, Iraq, Libya, Somalia, and Zimbabwe. DHS does not appear to have an updated public list or a full list online. In a July 2016 testimony, DHS also told Congress that within the last two fiscal years ICE has worked with the State Department to issue 17 Demarches to the following recalcitrant countries: Iraq, Algeria, Bangladesh, Cape Verde, Ivory Coast, Eritrea, The Gambia, Ghana, Guinea, Liberia, Mali, Mauritania, Niger, Sierra Leone, Senegal, Cuba and St. Lucia.

DHS noted in 2016 thatICE was closely monitoring an additional 62 countries with strained cooperation, but which were not deemed recalcitrant.

We expect that the State Department will make a formal statement as it updates its guidance to its consular officials. The FAM guidance also says that a Public Notice of Discontinuation of Visa Issuance may be provided by flyers posted in the consular section and/or on the post’s website:

“During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order. The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes. The notification may be provided by flyers posted in the consular section and/or on the post’s website.”

Note that INA 243(d) discontinuation of visa issuance pertains to the actual issuance, not to adjudication. That means consular sections will continue to charge visa fees, will continue to adjudicate visa applications, but they will suspend issuance of visas to qualified applicants. And there will be no refunds. That sounds like a recipe for a PR disaster.

CBS News updated its reporting on the “sonic attacks” on U.S. and Canadian diplomats in Havana, Cuba. CBS News said that a U.S. doctor who evaluated American and Canadian diplomats working in Havana diagnosed them with conditions as serious as mild traumatic brain injury, and with likely damage to the central nervous system. “The diplomats complained about symptoms ranging from hearing loss and nausea to headaches and balance disorders after the State Department said “incidents” began affecting them beginning in late 2016. A source familiar with these incidents says officials are investigating whether the diplomats were targets of a type of sonic attack directed at their homes, which were provided by the Cuban government. The source says reports of more attacks affecting U.S. embassy workers on the island continue.” The report says that the University of Miami Health System confirmed that their physicians were “consulted” by State on its diplomats in Cuba.

Question about these affected diplomats were asked during the State Department’s Daily Press Briefing on August 23, but there were no good answers as to how many embassy employees were affected. If the attacks were directed at their homes, how many family members were similarly affected? Are these attacks continuing to this day? What happens if these attacks result in permanent disability like hearing loss for family members who are not employed? Most notably, when the health of employees and family members are damaged by these attacks, are they extended medical expense assistance even when they are not hospitalized?

Per 16 FAM 520, the individual employee is responsible for all medical expenses related to outpatient care, except when associated with a hospitalization as defined by the insurance company’s Explanation of Benefits (EOB), i.e., the insurance company makes the determination. Also note the following:

U.S. Government agencies that participate in the Department of State Medical and Health Program serve as secondary payers (with the exception of deductibles and other limitations as noted in 16 FAM 531) for inpatient hospital and related outpatient medical expenses of employees and eligible family members who are covered by medical insurance where certain conditions are met.

An individual without medical insurance or whose insurer refuses to act as a primary payer is responsible for all medical expenses.

The same regs say that “in the event of a medical emergency, the Office of Medical Services or a Foreign Service medical provider may authorize issuance of Form DS-3067, Authorization for Medical Services for Employees and/or Dependents, to secure admission to a hospital located abroad or in the United States while on medical travel provided the employee signs a repayment agreement. Reimbursement may be made directly or through payroll deductions from the employee’s salary.”

QUESTION: Listen, how concerned is the State Department about these diplomats, who medical records show have brain damage? Are there any that are still in Cuba that have been affected by this who have asked the State Department to leave?

MS NAUERT: So some have – some we have – some we asked to leave because their condition necessitated that, and they left – wanted to – mutually agreed upon – left that country because of the situation, because of the symptoms that they were experiencing. There were others that have chosen to stay there and some of them are still there. Does that answer your question?

QUESTION: It does, but I want to ask you: Does the U.S. embassy have a current medical officer permanently based in Havana to address these incidents?

MS NAUERT: I know that we have had our U.S. Government employees go to Miami, Florida where they had – some of them had been medically evacuated in order to receive medical treatment and testing. I know —

QUESTION: But is there a medical officer at the embassy?

MS NAUERT: May I – look, could I – could I finish what I’m saying? I also know that we have brought medical professionals to our staff in Cuba to be able to treat them, to be able to test them. The best equipment is not going to necessarily be on the ground in Cuba. We are bringing people to the best medical experts on the mainland in the United States. Is there an actual medical officer? I don’t know the answer to that. I can look into that and see if I can get you an answer. Okay?
[…]
QUESTION: Well, there were some reports as well that this started in December of 2016. Two questions actually: Can you confirm whether or not these attacks are continuing to this day? And can you confirm whether or not there were any actions that were being – that the U.S. Government took – let me rephrase – did the U.S. Government not respond until February of this year?

MS NAUERT: The first reported activity took place in late December of 2016. That is correct. I’ve confirmed that here before. When these things started to come in – and I’ve talked about this before – people reported a variety of symptoms. Not everyone has experienced the same type of – the same type of symptoms. So after the initial reports came in, then we started to get some other reports. And it took some time for people to be able to determine that yes, there is a pattern taking place here; yes, there is something going on. It’s much like – I would liken it to if you have an illness and you kind of maybe – you mention it to a colleague, you mention it to a doctor, but you don’t think anything of it. The doctor hears about somebody else who has maybe a different kind of symptom. It may not all be put together at the same time and say, “Aha. This must be it.” It takes some time for that information to come in. But since that information started coming in, we take this very seriously – safety and security of Americans, which obviously includes U.S. Government officials and employees who are there on business. It is a huge priority for us and we’re trying to get them all the care that they need. Okay?

January 4, 2016 – Kabul, Afghanistan (1): A vehicle-borne improvised explosive device detonated between Camp Sullivan and Camp Camelot, causing extensive structural damage to nearby buildings. Final casualty counts remain unclear; however, available reporting indicates at least three people were killed and 60 U.S. Embassy contractors injured, 11 of whom were U.S. citizens. The Taliban claimed responsibility for the attack.

January 11, 2016 – Tangier, Morocco: A man broke a small sign situated on the wall of the Tangier American Legation Institute for Moroccan Studies. He also punched a sign warning of the building’s security camera before running away.

January 16, 2016 – Baghdad, Iraq: Unidentified militia members kidnapped three American contractors in the Dora neighborhood of Baghdad. The motive for the kidnapping remains unknown. The three U.S. citizens were subsequently freed.

January 25, 2016 – Sana’a, Yemen (1): Two men on a motorcycle fired several shots at Yemeni security forces protecting the U.S. Embassy. No one was injured in the attack, and the motive for the incident is unclear.

February 6, 2016 –Port au Prince, Haiti (1): A group of armed men fired at a vehicle carrying five U.S. Embassy personnel during a period of ongoing political unrest. None of the passengers were injured, though the vehicle sustained minor damage.

February 17, 2016 – Ankara, Turkey (1): A vehicle-borne improvised explosive device targeting three Turkish military shuttle buses killed 28 people and injured 61 others. The explosion shattered several windows at the nearby U.S. Office of Defense Cooperation (ODC) and slightly injured one American ODC member.

February 20, 2016 – Hong Kong, China: A Chinese citizen struck the main entry doors of the U.S. Consulate General with a brick, causing minor damage, and was detained by local police. The individual claimed he wanted to join the U.S. military.

March 1, 2016 – Mohmand Agency, Federally Administered Tribal Areas, Pakistan: Two U.S. Consulate General Peshawar (1) locally employed staff members were killed when an improvised explosive device detonated next to the convoy in which they were traveling. Jamaat ul-Ahrar claimed responsibility for the attack.

June 24, 2016 – Port au Prince, Haiti (2): Six men on motorcycles opened fire on the Marriott Hotel. Several rounds impacted rooms occupied by U.S. citizens, including one occupied by a U.S. Embassy employee. No one was injured in the attack.

June 29, 2016 – Karachi, Pakistan (2): A U.S. Embassy locally employed staff member was temporarily detained and assaulted by unidentified assailants. The staff member, who sustained minor injuries, was able to flee when the group was approached by a local police vehicle.

July 4, 2016 – Jeddah, Saudi Arabia: A suicide bomber detonated his explosives in the parking lot of a hospital across the street from the U.S. Consulate General, injuring one member of the Saudi Diplomatic Police. No U.S. personnel were injured in the incident, and no Consulate facilities were damaged.

July 7, 2016 – Juba, South Sudan: Sudan People’s Liberation Army soldiers attempted to stop two U.S. Embassy vehicles at a checkpoint and opened fire on them when the passengers refused to open their doors. The vehicles were damaged by bullets, and one vehicle was disabled following a collision with another car while leaving the area. No personnel were injured.

July 14, 2016 – Shanghai, China: A Chinese citizen threw bottles at a guard at the U.S. Consulate General and threatened to kill him. Local police took the individual into custody; no one was injured in the incident.

September 12, 2016 – Kabul, Afghanistan (2): A projectile, believed to be a 107 mm rocket, struck an apartment building on the grounds of the U.S. Embassy, causing minor damage. The building was under construction and unoccupied at the time; there were no reported injuries.

September 30, 2016 – Kyiv, Ukraine: Two women illegally attempting to enter the U.S. Embassy’s vehicle entrance assaulted an Embassy guard when he attempted to stop them from impeding the exit of an Embassy vehicle. One of the women later assaulted an assistant regional security officer (ARSO) when the ARSO restrained her as she attempted to enter the Embassy’s main entrance.

October 3, 2016 – Srebrenica, Bosnia- Herzegovina: Protesters threw bottles and other objects at a U.S. Embassy vehicle carrying election monitors. No one was injured in the incident, and the vehicle safely left the area of the demonstration.

October 19, 2016 – Manila, Philippines (1): Protesters outside the U.S. Embassy clashed with police and defaced the Embassy seal with red paint. Police attempted to disperse the crowd using batons and tear gas, but ultimately drove through the protest with a police truck. Four police officers and up to 10 protesters were injured.

October 24, 2016 – Buenos Aires, Argentina: A U.S. citizen threw a small incendiary device over the perimeter fence of the U.S. Embassy. The object did minor damage to Embassy facilities, but no one was injured. The same individual threw a similar device over the perimeter wall in April 2015.

October 25, 2016 – Moscow, Russia: Demonstrators gathered at the U.S. Ambassador’s residence to protest against the U.S. military presence in Europe. Ten protesters launched fireworks and dropped leaflets, while one individual handcuffed himself to the gate and had to be freed with bolt cutters. Local police detained three individuals in conjunction with the incident, which they believe was an attempt by the group to gain national attention.

October 27, 2016 – Nairobi, Kenya: An individual armed with a knife and yelling “Allahu Akbar” attacked a Kenyan General Services Unit police officer stationed on the perimeter of the U.S. Embassy. The officer shot and killed the assailant.

November 5, 2016 – Amsterdam, Netherlands: During a “flash” demonstration outside the U.S. Consulate General, “Anonymous Masks” members spray-painted a Consular bulletin board and the facility’s windows.

November 7, 2016 – Santo Domingo, Dominican Republic: Two university students scuffled with local police when asked to move away from the U.S. Embassy during a protest over the U.S. Ambassador’s support of same-sex marriage. One protester attempted to strike a police officer with a large wooden cross and was subsequently arrested.

November 15, 2016 – Melbourne, Australia: Four individuals protesting the Dakota Access Pipeline wrote on the entry doors, blocked the entrance, and poured an unidentified substance resembling cooking oil in the public lobby of the commercial building housing the U.S. Consulate General.

November 18, 2016 – Strasbourg, France: An unidentified individual spray-painted the pillars connecting the gates of the U.S. Consulate General with anti-U.S. graffiti and an anarchy symbol. Based on a review of the slogans used, the perpetrator was likely a member of the leftist anarchist movement in France.

November 28, 2016 – Manila, Philippines (2): Philippine National Police rendered safe an improvised explosive device found in a trash can approximately 250 meters from the U.S. Embassy. The intentions and motivations of the perpetrators remain unclear.

November 30, 2016 – N’Djamena, Chad: A man armed with a pistol and shouting “Allahu Akbar” opened fire at the local police guard stationed outside the U.S. Embassy’s main entrance. The police took the shooter into custody. No one was injured during the incident.

December 2, 2016 – Yaoundé, Cameroon: An individual brandishing a knife and claiming to be an Islamic State soldier approached the U.S. Embassy and asked to speak with the ambassador. Local gendarmes subdued the individual after he rushed toward them.

December 19, 2016 – Ankara, Turkey (2): An individual fired one shotgun round at the U.S. Embassy’s vehicle gate and then fired multiple shots into the air before being arrested by Turkish National Police. No U.S. Embassy personnel were injured in the incident, though the vehicle gate sustained minor damage. The incident occurred hours after the Russian Ambassador to Turkey was assassinated at an arts center across the street from the Embassy.

December 21, 2016 – Kabul, Afghanistan (3): A 40 mm grenade exploded at Camp Duskin, a U.S. military camp, while a U.S. Embassy protective security team was conducting a site review in advance of a visit by the U.S. chargé d’affaires. No one was injured in the incident, and it is unclear whether the explosion was the result of a negligent discharge or a deliberate action.

December 24, 2016 – Sana’a, Yemen (2) A Houthi-affiliated group detained a U.S. Embassy guard at a checkpoint in Taiz. There are conflicting reports as to the reason for the detention. The guard remains detained.

US Embassy to the Holy See Chargé d’Affaires, Louis Bono, having a brief chat with Pope Francis following a general audience. US Embassy /FB)

Louis L. Bono is the Chargé d’Affaires to the U.S. Embassy to the Holy See. He previously served on the National Security Council and as an advisor to the Deputy Secretary of State and to the Under Secretary of State for Economic and Business Affairs. Mr. Bono has received several State Department awards, including two for heroism and the Secretary’s Expeditionary Service Award. He earned an M.S. from the National Defense University, a J.D. from Pace University School of Law, and a B.A. from Manhattanville College. Prior to joining the Foreign Service, he was an assistant attorney general in New York and served in the Army. He is currently a member of the Army Reserves and serves as an instructor at West Point, where he teaches international economics and international relations.